My son can't get his driver's license reinstated because of a judgement.

[lookin4info]

My son had an car accident over 10 yrs ago with no insurance. Big mistake of couse! He was at fault. His license was suspended and a judgement was filed that prevents him from getting his drivers license back until it is paid. He has made payment arrangements with the attys. office in charge of the judgement twice and got his driving privileges back, but each time, lost his job and could not continue the payments. Now they want the full $7000 plus or forget it. Of course, he doesn't have that kind of money. He has a wife and 4 kids and barely makes ends meet. It's getting harder and harder to do without driving.

If he files a ch. 7, would he be able to include the judgement and get his license back? He hasn't yet consulted an atty, but he's tried to research it and some sources say yes, and some say no. I told him I would ask here because someone would know!!! Thanks for your help. I did try to search for judgements, but couldn't find anything about this type of judgement.

[tobee43]

it's difficult really to answer this question since there are certain types of judgments which are not dischargable, one of them are some costs incurred while driving a motor vehicle while intosicated...(just an example), so more details would have to be addresses.

i would discuss the circumstances of the judgment with a BK atty to see if that judgment would qualify to be discharged. it's sounds like a rather large fine involved and who is it that has the judgment?

hope it all works out!

[justbroke]

It definitely depends on what type of accident it is, and whether it is dischargeable.

[bcohen]

If he was not driving under the influence of drugs or alcohol, then it is my understanding that the judgement CAN be discgarged in bankruptcy, provided that it is to a person or company. However, and criminal fines or restitution (owed to the city/state/county) CANNOT be discharged.

[malf1204]

A cicil judgement would not prevent you from getting your DL reinstated. If a civil creditor could do that we would all be walking. If it is criminal fine he could petition the court and ask them to reduce the fine do to a hardship. Even the child support people will give you your DL back if you agree to payments.

[despritfreya]

It has long been held that once the debt is discharged a state cannot withhold a license due to failure to pay.

See Perez v. Campbell, 402 U.S. 637 (1971) and its progeny as well as the anti-discrimination provisions of the Code. Basically the Bk Code preempts State law.

"We can no longer adhere to the aberrational doctrine of Kesler and Reitz that state law may frustrate the operation of federal law as long as the state legislature in passing its law had some purpose in mind other than one of frustration. Apart from the fact that it is at odds with the approach taken in nearly all our Supremacy Clause cases, such a doctrine would enable state legislatures to nullify nearly all unwanted federal legislation. . . Respondents urge us to uphold precisely the sort of statute that Kesler would have stricken down—one with a declared purpose to protect judgment creditors 'from financial hardship' by giving them a powerful weapon with which to force bankrupts to pay their debts despite their discharge.. . . We think it clear that § 28—1163(B) of the Arizona Safety Responsibility Act is constitutionally invalid."

Des.

[tobee43]

i do believe there may be a few more details about this situation to really understand what would cause someone to lose their DL for 10 years?

the question here really, is this a dischargable judgement?

[despritfreya]

the question here really, is this a dischargable judgement?

Absolutely.

Des.

[tobee43]

Thanks for your help. I did try to search for judgements, but couldn't find anything about this type of judgement.

yes, what "type" is it?

[Flamingo]

My son had an car accident over 10 yrs ago with no insurance. Big mistake of couse! He was at fault. His license was suspended and a judgement was filed that prevents him from getting his drivers license back until it is paid. He has made payment arrangements with the attys. office in charge of the judgement twice and got his driving privileges back, but each time, lost his job and could not continue the payments. Now they want the full $7000 plus or forget it. Of course, he doesn't have that kind of money. He has a wife and 4 kids and barely makes ends meet. It's getting harder and harder to do without driving.

If he files a ch. 7, would he be able to include the judgement and get his license back? He hasn't yet consulted an atty, but he's tried to research it and some sources say yes, and some say no. I told him I would ask here because someone would know!!! Thanks for your help. I did try to search for judgements, but couldn't find anything about this type of judgement.

I know fees and fines in most states are not dischargeable in BK. If any of this judgment is for fees or fines I am not certain if that portion, or any part of the judgment, would be dischargeable. Your son will probably have to go over all this with an attorney in the state in which he resides resides so it's best he consult with legal counsel. If it is Ohio, review the Ohio Code, Chapter 4510.16 - Driving under financial responsibility law suspension or cancellation; driving under a nonpayment of judgment suspension.

[lookin4info]

Thanks for all the responses! It is my understanding that the insurance company that paid for the accident filed the judgement. I don't believe anything was for fines etc. I'm not sure of all the details since it has been so long. He has spoken to the atty's office handling it and they refuse to take the $2000 he offered them as a downpayment and then allow him to make payments again. He has an attorney friend that is going to see what he can do by speaking with them. He's having a hard time getting to work especially since his new job is 2nd shift. He doesn't want to file BK, but will if he can be sure it would take care of this issue.

[OhioFiler]

Thanks for all the responses! It is my understanding that the insurance company that paid for the accident filed the judgement. I don't believe anything was for fines etc. I'm not sure of all the details since it has been so long. He has spoken to the atty's office handling it and they refuse to take the $2000 he offered them as a downpayment and then allow him to make payments again. He has an attorney friend that is going to see what he can do by speaking with them. He's having a hard time getting to work especially since his new job is 2nd shift. He doesn't want to file BK, but will if he can be sure it would take care of this issue.

I would go ahead and drive to work anyway. The first offense for driving on a suspended license isn't too costly.

Also:

4509.42 Payment of judgment in installments.


(A) A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor has, may order and fix the amounts and times of payment of the installments.

(B) The registrar of motor vehicles shall not suspend for nonpayment of a judgment, a license, registration, or nonresident’s operating privilege, and shall restore the license, registration, or nonresident’s operating privilege suspended for nonpayment, when the judgment debtor gives proof of financial responsibility and maintains it in accordance with section 4509.45 of the Revised Code, and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.

(C) If the judgment debtor fails to pay any installment as specified by such order, then upon notice of default the registrar shall impose a class F suspension of the license, registration, or nonresident’s operating privilege of the judgment debtor until such judgment is satisfied as specified in division (B)(6) of section 4510.02 of the Revised Code.

[mountanddo]

I would go ahead and drive to work anyway. The first offense for driving on a suspended license isn't too costly.

This is bad advice. Plain and simple.

[justbroke]

Driving on a suspended license is the same as driving without a license. The police can arrest you for this type of offense. Personally, I would never take that chance. You could spend time in jail and pay a fine.

The personal cost of getting arrested, paying a fine, having your license further suspended, and spending some time in jail, is a personal choice. I choose not to be arrested.

[lookin4info]

Ok, after speaking with my son, he says that he ran a red light hitting another car while driving someone else's car. He was ticketed, went to court and paid the fine and court costs involved for running the red light. The issue with no insurance was not addressed since it was covered under the owner's insurance. There was a law suit filed for injuries sustained by the other driver. The insurance company for the owner of the car paid the damages, medical bills, and the lawsuit.

The insurance (I think he said it was State Farm if that matters ) company then filed the judgement against my son to get their money back, and it is being handled by an atty's office. He says it is all civil, no tickets, court costs etc. It has 3% interest added every year, so the amount he has paid on it hasn't helped, it never goes down. They refuse to make another payment plan and want the full payment before they will release his license.

He won't drive while it is suspended because he said he can't get insurance etc. If he got caught, it would just open another can of worms.

Thanks for all your help!